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mvelagapudi
Dec 2, 2012, 06:35 AM
We own a piece of land and a house in Andhra Pradesh. The original land which was bought by my paternal grand father was 925 sq. yards with a huge tiled house where we used to live in my childhood. During the year of 1975 the land measuring 506 sq. yds was sold by my Dad where the titled house was located. By using the material of that house and the sale proceeds, my dad has constructed another house in the remaining piece of land measuring 390+ sq. yds.

We are three brothers and one sister for our parents. Now I would like to know as to what the law says about the sharing of the ancestral land that was bought by my grand father?

My mother is no more and my father is of 85+ years age and all the three brothers and one sister are alive and all of us have one boy and one girl as children and all the children are majors.

Will you please guide us about the law in the case of the sharing the proceeds if the property is sold?

Also do let me know whether a GPA is OK from one of the brothers (for registration) as he is located overseas.

joypulv
Dec 2, 2012, 07:48 AM
I haven't seen any real estate and legal people from India on this site, although many may be here who do live there and know the law from personal experience, nor do I know if an accountant is needed or not.

Under US law, your living father gives the proceeds of the sale to whomever he wishes. If he died and left a will, the proceeds would go to whomever was specified in the will. If no will, you and your 3 siblings would generally share equally, regardless of gender or who is oldest. Your children would matter only if one of you had died.

If you are Hindu (and some other religions) and your father will have no will, Google the Hindu Succession Act of 1956, later amended.

Given that your father is alive, and might want to live with one of you, the easiest thing to do is have him sell the property and distribute proceeds as he wishes.

mvelagapudi
Dec 2, 2012, 08:40 AM
Thank you very much for your prompt response. Indeed it will be helpful!